Federal Register / Vol. 58, No. 127 / Tuesday, July 6, 1993 / Proposed Rules

IV. Procedural Determination

Executive Order12291

OnJuly 12, 1984, the Office of Management and Budget (OMB) granted OSM an exemption from sections 3,4, 7and 8 ofExecutive Order 12291 for actions related to approval or conditional approval ofState regulatory programs, actions and program amendments. Therefore, preparation of

a regulatory impact analysis is not necessary and OMB regulatory review is
not required.

Executive Order12778

The Department ofthe Interior has conducted the reviews required by section 2 ofExecutive Order 12778 and has determined that, tothe extent allowed by law, thisrule meets the applicable standards ofsubsections (a) and (b) of that section. However, these standards are not applicable to the actual language of State regulatory programs and program amendments since each such program is drafted and promulgated by a specific State, notby OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 

### 1255) and 30 CFR 730.11, 732.13 and 732.17(h)(10), decisions on proposed Stateregulatory programs and program amendments submitted by the States mustbebased solely on a determination ofwhether the submittal is consistent with SMCRA and its implementing Federal regulations and whether the other requirements of30 CFR parts 730, 731, and 732 have been met.
National Environmental Policy Act
No environmental impact statement is required for thisrule since section 702(d) ofSMCRA (30U.S.C. 1292(d)] provides that agency decisions on proposed State regulatory program provisions do not constitute major Federal actionswithin the meaning of section 102(2)(C) ofthe National Environmental Policy Act, 42 U.S.C. 4332(2)(C).
Paperwork ReductionAct
This rule does not contain information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act, 44 U.S.C. 3507 et seq. RegulatoryFlexibility Act The Department ofthe Interior has determined that this rule will not have

a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq). The State submittal which is the subject ofthis rule isbased upon counterpart Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. Hence, this rule will ensure that existing requirements previously promulgated by OSM will be implemented by the State. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions for the counterpart Federal regulations.

List ofSubjects in 30 CFRPart 935:

Intergovernmental relations, Surface mining, Underground mining.

Dated: June 28, 1993. Carl C.Close, AssistantDirector. Eastern SupportCenter. [FR Doc. 93-15850 Filed 7-2-93; 8:45 aml

BILLN COOE 4so-o"

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 372 (OPPTS-400073; FRL-4182-31
Glycol Ethers Category; Toxic Chemical Release Reporting; Community Right-To-Know

AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.

SUMMARY: EPA is proposing to redefine the glycol ethers category on the list of toxic chemicals subject to reporting under section 313 ofthe Emergency Planning and Community Right-toKnow Act of1986 (EPCRA). EPA is proposing to change the present definition ofthe glycol ethers category to exclude the high molecular weight glycol ethers that do not, in EPA's judgement, meet the criteria set out in EPCRA section 313(d). The proposed definition would retain in the category all glycol ethers that are known to or may be reasonably anticipated to cause adverse human health effects. The proposed redefinition ofthe glycol ethers category is based on EPA's review ofavailable human health data on short chain length glycol ethers. EPA believes that the category can be redefined to exclude the surfactant glycol ethers. The Agency also believes it may be appropriate to further narrow the definition beyond this exclusion of surfactants. However, based on current data, EPA is not able to establish a molecular "size" or weight above which there areno concerns foradverse effects

onhuman health. DATES: Written comments on this proposed rulemust be received by September 7, 1993. ADDRESSES: Written comments should be submitted in triplicate to: OPPT Document Control Officer,TSCA Nonconfidential Information Center (NCIC), also known as, TSCA Public Docket Office, TS-790, Environmental Protection Agency, E-0G99, 401 M St., SW., Washington, DC 20460, Attn: Docket Number OPPTS-400073.

FOR FURTHER INFORMATION CONTACT: Maria J.Doa. Petitions Coordinator, Emergency Planning and Community Right-to-Know Information Hotline, Environmental Protection Agency, Mail Stop OS-120, 401 M St., SW.. Washington. DC 20460, Toll free: 800- 535-0202, Toll free TDD: 800-553- 7672.
SUPPLEMENTARY INFORMATION:
I.Introduction

A. Statutory Authority
This action is issued under section 313(d) of the Emergency Planning and Community Right-to-Know Act of 1986 (42U.S.C. 11023. "EPCRA"). EPCRA is also referred to as TitleIII ofthe Superfund Amendments and Reauthorization Act (SARA) of 1986.

B.Background

Section 313 ofEPCRA requires certain facilities manufacturing, processing, or otherwise using toxic chemicals to report their environmental releases of such chemicals annually. Beginning with the 1991 reporting year, such facilities also mustreport pollution prevention andrecycling data for such chemicals, pursuant to section 6607 of the Pollution Prevention Act (42U.S.C. 13106). Section 313 established an initial list oftoxic chemicals that was comprised ofmore than 300 chemicals and 20 chemical categories. Section 313(d) authorizes EPA to add or delete chemicals from the list, and sets forth criteria for these actions. Under section 313(e), any person may petition EPA to add chemicals to ordelete chemicals from the list. EPA has both added chemicals to,and deleted chemicals from, the original statutory list.

EPA issued a statement ofpetition policy and guidance in the Federal Register ofFebruary 4, 1987 (52FR 3479), to provide guidance regarding the recommended content and format for petitions. On May 23, 1991 (56 FR 23703), EPA published guidance regarding the recommended content of petitions to delete individual members 36180

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### Federal Register / Vol. 58, No. 127 / Tuesday, July 6. 1993 / Proposed Rules

ofthe section 313 metal compound categories.

II. Description ofthe EPCRA Section 313 Glycol Ethers Category

When Congress enacted EPCRA, including the original listof chemicals subject to section 313 reporting, the glycol ethers category was included on the list with noclarification as tohow that category should be defined. In developing the proposed and final rules implementing section 313 ofEPCRA, EPA refrained from making revisions to the list ofchemicals subject to section 313 (53 FR4500, February 16, 1988). However, it was clear that definitions of certain categories were necessary. At the time, the EPCRA glycol ethers category

was defined tobe consistent with a project that was defining the glycol ethers boundaries underthe Toxic Substances Control Act (TSCA) (15 U.S.C. 2601). The current definition follows:

R-(OCH2CH2o-OR' Where: R= Alkyl (straightorbranched chain) or aryl (phenyl or alkyl substituted phenyl)

R=R. H, orother group which can be reacted to yield "H"

n=1,2,or3 The "R"groups consist only ofcarbon and hydrogen chains. The degree of ethoxylation (-OCH2 CH-) is described by the group within the parentheses where "n"dictates thenumber oftimes the ethoxy group repeats. The "R" group is any group that can be removed.

At the time the category was defined,

a limit on the size ofthe attached alkyl group could notbe made based on the available information.

The current EPCRA section 313glycol ethers category definition include nonionic surfactants (high molecular weight glycol ethers)with a glycol ether moiety.Non-surfactant glycol ethers are generally recognized as having shortchain R groups and lowdegrees of ethoxylation (n lessthan 4). Glycol ether surfactants, however, can have large R groupsas well asalarge degree of ethoxylation. Where non-surfactant glycol ethers aregenerally produced as
a single chemical entity, glycol ether surfactants are usually mixtures of chemical substances containing arange ofRgroups and varying degrees of ethoxylation (i.e.,R =Co toCis; n averages 8).Low molecularweight 

### glycol others areused asgeneral solvents, while glycol ether surfactants

are usedto solubilize oil-based chemicals into water solutions.

Under section 313, glycol ethers are currently defined toinclude chemicals which fitthe above generic structure where "n"(orthe degree of ethoxylation) isthree or less.No size restriction was placed on the alkyl chain length. There is general agreement within EPA and inthe regulated community on the difference between glycol ether surfactants and glycol ether solvents, with respect to both their
structure and use.

Manyglycol ether surfactants are manufactured asmixtures. The components ofthese mixtures have the

same pendant alkyl, aryl, or alkyl substituted aryl (i.e., R inthe definition given above) but have varying degrees of ethoxylation (i.e., (CH2 -CH 2 O)., where n =1 tox).

Under TSCA, these glycolether surfactant mixtures are considered as a single glycol ethers entity forpurposes ofthe TSCA section 8(b) Inventory. In contrast, under section 313 ofEPCRA, these surfactants have been considered

as mixtures ofglycol ethers. Only those glycol ethercomponents ofthe mixture with one, two, orthree ethoxy groups meet the EPCRA section 313 glycol ether definition. The difference inhow glycol ethers are treated under TSCA and EPCRA may haveresulted in underreporting releases ofsurfactant glycol ethers under EPCRA section 313.

Inevaluating the current scope ofthe glycol ethers category, EPA believes that changing the definition will: (1) Eliminate reporting ofsurfactants that do notmeet theEPCRA section 313(d) criteria, and (2)reduce considerably the number ofglycol ethersthat would meet the proposed definition andbe reportable under EPCRA.

MI. EPA'sProposed Category Definition EPA has evaluated the current scope ofthe section 313 glycol ethers category andbelieves that itmay be overlybroad. The category includes substances that the industry does not considerto be glycol ethers. Also, itis apparent that this category contains members that do not meet the criteria for lsting

The current section 313 glycol ethers category can be viewed as consisting of three groups: (1)Low molecular weight glycol ethersthat areknown tocause blood, developmental, andreproductive effects in animal studies andmeet the criteria in section 313(d}{2}{A) and (B).

(2)High molecular weight glycol ethers (typicallysurfactants) that arenot expected to meetthe criteria for listing.

(3) Glycol ethers which may be of

concern based on structureactivity relationships with the low molecular waht glycol ethers. Th rigulatedcommunity has lon
claimed that the high molecular weight glycol ether surfactants are notglycol ethers, do not exhibit adverse health effects ofthe low molecular weight glycol ethers, and should notbe subject to thereporting requirements ofEPCRA section 313. In addition, industry also believes thatthere are chemicals in group three listed abovethat are not toxic to humans orthe environment, and should notbe subject to the reporting requirements of section 313.

EPA has reviewed the current glycol ethers category and believes the category can be redefined to exclude the surfactant glycol ethers (grouptwo above). However, it does not appear that it can be more narrowly defined at this time.

EPA isproposing thatthe following formulabe used to determine ifa compound is included in the glycol ethers category:

R

- (OCH 2CHA 2)

- OR' Where: n = 1,2, or 3

R = alkyl C 7 orless

orR =phenyl or alkyl substituted phenyl

W = H or alkyl C7 or less

orcarboxylic acid ester (forexample. acetate).

sulfate, phosphate, nitrate, or sulfonate.
IV. EPA's Review ofGlycol Ethers

A. HumanHealthEffects

Low molecular weight glycol ethers (group one above) areknown to cause various adverse human health effects and, thus, meet the requirement for listing under section 313(d)(2)(A) and (B)based ontheirpotentialtoxicity. Most ofthe available human health data

on glycol ethers is based on animal testingofthe short-chain length glycol ethers (e.g., ethylene glycol monomethylether) (Ref. 2). Dataindicate that as the molecular weight (orthe length ofthe pendant alkyl chain) increases, thehuman health effects associated with glycol ethers decrease. While Itmay berecognized that the higher molecularweight glycol ethers may be oflow concern forhuman health effects, there are not sufficient data to establish asize or molecular weight at which point these effects areno longer likely to occur.

EPAhas reviewed the literature for the glycol ethers formetabolism, developmental toxicity, reproductive toxicity, and general systemic toxicity, particularly blood effects (Refa. I and2). Specifically, short-chain ethylene glycol

hrs,that isan alkyl chain length of

one to four, are absorbed by all routes and have caused irritation ofskin, eyes and mucous membranes; hemolysis, bone-marrow damage, andleukopena 36181

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ofboth lymphocytes and granulocytes; direct and indirect kidney damage; liver damage, and central nervous system (CNS) depression. The systemic toxicity oflong-chain glycol ethers is a matter of uncertainty. Datahave notbeen found

on long-chain glycol ethers, that is those glycol ethers with an alkyl chain length greater than six carbons.

Recently the Agency received two epidemiology studies under section 8(e) ofTSCA (Refs. 7 and 8). These studies appear to link some ethylene glycol ethers and derivatives with miscarriages in exposed workers. This is similar to reproductive effects seen in animal studies. All the chemicals identified in these two studies fit the proposed category definition.

With respect to the glycol ethers and developmental effects, there is evidence that the toxicity isreduced going from the methyl to butyl ether, and that itis reduced going from the ethylene glycol to the triethylene glycol (Ref.4). Test results support the hypothesis that increasing the alkyl chain length reduces the developmental toxicity.

Standard developmental toxicity studies of ethylene glycol monohexyl ether in F344 rats and New Zealand White rabbits show evidence of maternal toxicity after exposure to 41.1 and 79.2 parts per million (ppm). There is no evidence ofdevelopmental toxicity (Refs. 4 and 5). However, data on glycol ethers with pendant alkyl groups of one to six carbons do not indicate that for maternal toxicity there is a trend based

on chain length.

Based on test data, EPA concludes that there is significant concern for acute and chronic human health effects where the chain length is in the one to four carbon range. For glycol ethers in which R is five to seven carbons, there is sufficient evidence to establish that adverse human health effects can be reasonably anticipated to occur. Thus, the continued listing ofthese glycol ethers is warranted (Ref. 4). There are no data that indicate that glycol ethers with pendant alkyl chains ofeight ormore carbons can reasonably be anticipated to

cause adverse effects inhumans.

2-Phenoxyethanol is known to cause hemolysis. No data havebeen found on alkyl substituted phenoxyethanol derivatives. EPA is requesting comment

on limiting the size ofthe alkyl group for alkyl substituted phenyl glycol ethers.

For the foregoing reasons, EPA believes that there isinsufficient evidence to establish that long-chain glycol ethers (greaterthan orequal to eight carbons) can reasonably be anticipated to cause adverse acute or chronic human health effects, and hence do not meetthe criteria for listingunder section 313(d)(2)(A) or (B). However, EPA believes that the low molecular weight glycol ethers do meet the listing criteria under section 313(d)(2)(A) and (B).

B.Environmental Effects
None ofthe alkylethoxylates which fit the glycol ethers category:

R

- (OCH2 CH 2 )

- OR where R' =H, or other group which

can be reacted to yield "H", R generally equal to alkyl, aryl, or alkyl substituted aryl, and n = 1to 3, have acute or chronic toxicity values foraquatic organisms equal to or less than 0.100 milligram per liter (mg/L) (ppm) (Ref.3). Tridecyloxyethanol is predicted tobe the most toxic, based on the structure activity relationship ofthe neutral organic chemicals. The acute toxicity value is predicted tobe 0.24 mg/L and the chronic toxicity value would be 0.024 mg/L.

None ofthe compounds in the current glycol ethers category meet the requirement forlisting under section 313(d)(2)(C) based on their potential ecotoxicity.
C.Environmental Fate EPA believes that the EPCRA section 313 glycol ether definition should be limited to the two following groups of glycol ethers: (1)Those glycol ethers that upon removal ofreadily hydrolyzable R' groups (e.g. acetate) yield the monoalkyl, monophenyl, or monoalkylphenyl glycol ether ofthe following structure: Structure1

R

- (OCH2OCH 2), -OH where R is either an alkyl moiety of

seven orfewer carbons, phenyl, or alkyl substituted phenyl; and (2)glycol ethers ofthe following structure: Structure 2 R

- (OCH2 

### OCH2),

-

### 0

-W where Ris either an alkyl moiety of

seven or fewer carbons, phenyl, or alkyl substituted phenyl and R' is an alkyl moiety ofseven orfewer carbons. Group1glycol ethers.EPA believes that, for thisgroup ofglycol ethers, R' be defined asthose groups that can be hydrolyzed under environmental or gastric conditions to yield structure 1 shown above. EPA proposes that R' include the following readily hydrolyzable groups: carboxylic acid ester, phosphate, sulfate,nitrate, and sulfonate. EPA requests comment on what other hydrolyzable groups should be included inthe definition ofR'. EPA requests comment on any limitations that should be applied to R' equal carboxylic acid ester.

Group2glycol ethers.EPA believes that forthis group of glycol ethers R' be defined as an alkyl moiety ofseven or fewer carbons. As ethoxy groups are expected to degrade anaerobically and aerobically more readily than branched alkyl groups, the Agency requests comment on whether R' should be limited to straight chainhydrocarbons ofseven or fewer carbons.

V. Rationale for Redefinition

EPA's concerns for these chemicals is based on a review ofavailable human health data on short-chain length glycol ethers. None ofthe chemicals in the current glycol ethers category meet the toxicity criteria ofsection 313(d)(2)(C) based on their ecotoxicity. EPA believes that the category canbe redefined to exclude the surfactant glycol ethers. These high molecular weight glycol ethers do not meet the listing criteria in section 313(d)(2)(A) or (B). The Agency believes itmay be appropriate to further

narrow the definition beyond this exclusion of surfactants. However, based on current data the Agency is not ableto establish a molecular "size" or weight above which there are no
concerns for acute orchronic human health effects.

VI. Regulatory Status

Glycol ethers are also listed as a category of "hazardous air pollutants" (HAP) under section 112(b) of the Clean Air Act (CAA), 42 U.S.C. section 7412(b)

as amended, and, byvirtue oftheir status as HAPs under the CAA, as "hazardous substances" under section 10i(14) ofthe Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. section 9601(14). The current definition ofthe glycol ethers category isidentical under the CAA, CERCLA, and EPCRA. This proposal only affects the definition ofthe glycol ethers category under section 313 ofEPCRA, set out in 40 CFR 372.65(c). However, the Agency's Office ofAir andRadiation intends to propose to redefine the scope ofthe glycol ethers category listing under section 112(b) of the CAA in a manner consistent with this proposal inthe near future.

VIL Rulemaking Record

The record supporting this proposed rule is contained in the docket number OPPTS-400073. All documents, including an index ofthe docket, are available in the TSCA Nonconfidential Information Center (NCIC), also known
as, TSCA Public Docket Office from 8

a.m. to noon and 1p.m. to4 p.m., Monday through Friday, excluding legal holidays. NCIC is located atEPA Headquarters, Rm. E-G102, 401M St., SW., Washington, DC 20460. 36182

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VIII. Request for Public Comment

EPA requests comment on this proposal to modify the EPCRA section 313 glycol ethers category. Specifically. EPA requests comment on its proposed definition ofR': (1) What chemical functionalities that readily come off either in vivo or in the environment other than those listed above in Unit III of this preamble should be included as R'; and (2) should the definition ofR' include only straight chained alkyl
groups ofseven or fewer carbons orboth straight and branched alkyl groups of

seven orfewer carbons.

EPA requests comment on limits to the alkyl group in alkyl substituted phenoxy glycol ethers. Particularly, EPA requests data that would support the limitation on the size of this alkyl
group.

Comments shouldbe submitted to the address listed under the ADDRESSES unit atthe beginning ofthis document. All comments must bereceived by EPA

on orbefore September 7, 1993.

IX. References

(1) USEPA, OPTS, HERD. 1991a. Review ofMetabolism of Longchain Glycol Ethers. Memorandum from L. C. Keifer to R.A. Jones, HERD, March 29, 1991.

(2) USEPA, OPTS, HERD. 1991b. Overview ofSystemic Toxicity ofGlycol Ethers. Memorandum from J.J. Murphy
to R. A. Jones, HERD, April 16, 1991.

(3) USEPA, OPTS, HERD. 1990. EPCRA 313 Glycol Ethers Category. Memorandum from M. Zeeman to M. Townsend, HERD, November 21, 1990.

(4) USEPA, OPTS, HERD. 1991c. Comments on Glycol Ether Definition. Memorandum.

(5)USEPA, OPTS, HERD. 1991cL Additional Comments on Glycol Ethers. Memorandum.

(6) USEPA, OPPTS, ETD. 1992. Economic Report in Support ofan Agency Action to Redefine Glycol Ethers in the SARA Section 313 List of Toxic Chemicals. June 23, 1992. pp. 1- 17.

(7) IBM, September 15. 1992. Letter to USEPA Concerning Ongoing Epidemiology Study atTwo Semiconductor Manufacturing Facilities.

(8) SIA, November 30, 1992. Epidemiology Study Report Conducted
at Fourteen Semi-conductor Manufacturing Facilities.

X. Regulatory Assessment Requirements

A. Executive Order12291

Executive Order (E.O.) 12291 requires each Federal agency to classify as "majoR" any rule likely to result in: (1) An annual effect on the economy of$100 million or more; or

(2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or

(3) Significant adverse effects on competition, investment, productivity, innovation, or on the ability ofUnited States-based enterprises to compete with foreign-based enterprises in domestic and export markets.

EPA's economic analysis estimates that under the proposed definition up to 90 percent ofthe glycol ethers would no longer be reportable. The savings to industry would range between $540,000 and $745,000. Small businesses are not expected tobe adversely affected by this proposal since the rule would increase the likelihood that they would notbe required to report glycol ether releases (Ref. 6). EPA anticipates that this proposed redefinition will not have a significant effect on competition and will significantly decrease costs. Therefore, EPA has determined that this proposed rule is not "major."

B. RegulatoryFlexibility Act

The Regulatory Flexibility Act of 1980 requires each Federal agency to perform

aRegulatory Flexibility Analysis for all rules that are likely to have a "significant impact on a substantial number ofsmall entities."

40CFR part 372 exempts certain small businesses (specifically, those facilities with fewer than 10 full-time employees) from reporting. This exclusion exempts about one-halfof all manufacturing facilities in Standard Industrial Classification (SIC) codes 20 through 39 from section 313 reporting. Additionally, facilities which manufacture or process less than 25,000 pounds or otherwise use less than 10,000 pounds ofthese chemicals annually are not required to report for these chemicals. Thus, many small facilities will not incur any regulatory
costs in association with this proposed rule. Small businesses are not expected
to be adversely affected by this proposal, since the rule would increase the likelihood that they would not be required to report glycol ether releases.

Therefore, EPA concludes thatthis proposed rule is not likely to significantly impact small entities.
C.Paperwork ReductionAct

OMB has approved the information collection requirements contained in this rule under the provisions ofthe Paperwork Reduction Act, 44 U.S.C. 3501 etseq., and has assigned OMB control number 2070-0093. The public reporting burden for collection ofinformation under section 313 isestimated to average 43 hours per response, including time forreviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection ofinformation. This proposal would reduce the number ofresponses required, thus reducing overall burden.

Send comments regarding the burden estimate or any other aspect ofthis collection of information, including suggestions for reducing thisburden, to Chief, Information Policy Branch, PM223, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; and to the Office of Information and Regulatory Affairs, Office ofManagement and Budget, 726 Jackson Place NW., Washington, DC 20503, marked "Attention: Desk Officer forEPA."
List ofSubjects in 40 CFRPart372

Community right-to-know, Environmental protection, Reporting and recordkeeping requirements, Toxic chemicals.

Dated: June 28, 1993.
Susan H.Wayland, ActingAssistantAdministratorfor Prevention, PesticidesandToxicSubstances. Therefore it is proposed that 40 CFR part 372be amended to read asfollows:

PART 372-[AMENDED]

1.The authority citation for part 372 would continue to read as follows:

Authority: 42 U.S.C. 11013 and 1102.8. 2.In § 372.65(c) by revising the category, glycol ethers to read as follows:
§372.65 Chemicals and chemical categories towhich the part applies.

* * * * * 

### (c) * * *

Category name Effective date

Glycol Ethers

............................. 1/1/94 R

- (OCH2CH2).

-OR' Where: n = 1.2, or 3
R =alkyl C 7 or less
or R = phenyl or alkyl substituted phenyl
R'

- H or alkyl C 7 or less
or carboxylic acid ester sulfate phosphate nitrate suffonate - •

- 36183

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[FR Doc. 93-15861 Filed 7-2-93; 8:45 am)

BILLING CODE 660-60-F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73 [MM Docket No. 93-177; FCC 93-315]

AM DirectionalAntennas

AGENCY: Federal Communications Commission. ACTION: Notice of inquiry.

SUMMARY: The action being taken in this item is an inquiry into the policies and procedures governing proof-ofperformance evaluations ofantennas in the AM Radio Service. This action is necessary in order to determine what, if
any, modifications would be appropriate to make to these policies and procedures in light ofnew technologies now available for such evaluations. The intended effect of the inquiry is to make AM antenna evaluations more accurate and, simultaneously, remove any unnecessary measurement burdens and/

or expenses. DATES: Comments due on orbefore August 20, 1993 andreply comments due on or before September 7, 1993. FOR FURTHER INFORMATION CONTACT: Joseph M. Johnson, Mass Media Bureau, Engineering Policy Branch, (202) 632- 9660. SUPPLEMENTARY INFORMATION: Thisis a synopsis ofthe Commission's Notice of Inquiry in MM Docket 93-177 adopted June 14, 1993 and released on June 29, 1993. The complete text oftheNotice of Inquiry is available for inspection and copying during normal business hours in the FCCReference Center, room 239, 1919 M St. NW., Washington, DC and may be purchased from the Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100 M St. NW., Washington, DC 20037. Synopsis ofNotice ofInquiry

1.A petition for rulemaking was submitted by the technical consulting firms duTreil, Lundin &Rackley, Inc.; Hatfield &Dawson Consulting Engineers, Inc.; Lahm, Suffa &Cavell, Inc.; Moffet, Larson & Johnson, Inc.; and Silliman &Silliman requesting that the Commission initiate an inquiry into the policies and rules governing performance verification ofAMRadio Service directional antenna arrays. Such arrays typically consist oftwo or more towers which are fed powerfrom the AM station transmitter so as to direct the signal towards desired service areas and away from areas in which interference with other stations might

occur. A proofofperformance for a directional array involves actual
measurements ofantenna currents and other array parameters, and may necessitate adjustments to the array to bring itwithin the provisions ofthe Commission's rules and the terms and conditions specified on the station license.

2. The genesis of the Commission's regulatory structure for such arrays is the former Standards ofGood Engineering Practice, dating from 1939. Although the Commission's rules governing AM arrays have been amended many times in the interim, no systematic reevaluation has taken place. Petitioners argue that the time for such

areevaluation has now arrived as a result ofthe development ofnumerous powerful computer models which calculate array patterns and other array parameters, and also because many AM arrays are nowlocated in urban and suburban areas where measurement of array patterns is difficult and expensive.

3.The Commission concurs with Petitioner's arguments, especially in light ofthe recent adoption ofMM Docket 87-267, which restructured the AM Service and made available new frequencies directly above the current AM band edge. As commenters in that proceeding noted, misadjustment ofAM directional arrays was a major contributing cause ofhigh interference levels in the current band and proper adjustment ofany directional arrays licensed in the new band would be very important. For this reason, and because the Commission's regulations have not been comprehensively evaluated in light ofrecent technological developments, it would now be appropriate to initiate a Notice ofInquiry into this matter.
List ofSubjects in47 CFRPart73

Radio broadcasting.
Federal Communications Commission. William F.Caton, ActingSecretary. [FR Dec. 93-15829 Filed 7-2-93; 8:45 am]

BILLING CODE 6712-01-U DEPARTMENT OFTHE INTERIOR

Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 90-Day Finding on and Commencement of Status Review for a Petitionto Listthe Sacramento Splittail and LongfinSmelt

AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice ofpetition finding.

SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-day finding on a petition to listthe Sacramento Splittail (Pogonichthys macrolepidotus) and longfin smelt (Spirinchusthaleichthys) under the Endangered Species Act of 1973, as amended (Act). The petition has been found to present substantial information indicating the requested action may be warranted. Through issuance ofthis document, the Service is commencing a formal review ofthe status ofthese species. DATES: The finding announced in this document was made on June 24, 1993. Comments and materials related to this petition finding may be submitted to the Field Supervisor atthe address below until further notice. All comments and materials should be submitted atthe earliest possible date to ensure their use in the final decision. ADDRESSES: Data, information, comments, orquestions concerning the
status ofthe petitioned species described below should be submitted to the Field Supervisor, Sacramento Field Office, Fish and Wildlife Service, 2800 Cottage Way, room E-1803, Sacramento, California 95825-1846. The petition, finding, supporting data, and comments

are available for public inspection, by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Nadine R. Kanim atthe above address (916/978-4866).

SUPPLEMENTARY INFORMATION: Background

Section 4(b)(3)(A) ofthe Endangered Species Act of 1973, as amended (16 U.S.C. 1533), requires that the Service make a finding on whether apetition to list, delist, or reclassify a species presents substantial scientific or commercial information indicating tnat the petitioned action may be warranted. To the maximum extent practicable, this finding, is to be made within 90 days of the receipt ofthe petition, and the finding is to be published promptly in '36184

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